| Although the unique advantage of joint and several liability to protect obligee s interests should reveal itself, the court in the judicial adjudication cannot ignore the substantial and procedural differences instead of blindly meeting the obligee s claims, even make the adjudication only for the obligee s request; otherwise, it will cause the application to nothingness, make the court lose its independence and become the obligee’s judicial tool, and it will also make the person responsible lose the protection of law without liability to bear the responsibility of the judgment. A rational approach is that, to individual rights, it should pay attention to the judicial referee personalized. In the joint and several liability judgment of the case, it should seek for the balance point between the protection of the obligee s rights and that of the interests and the rights of the person responsible. In the form of litigation, it should take the inherently necessary joint action form, with each person responsible involved in the proceedings, and make a winning or losing judgment for each person responsible; meanwhile it should clear the responsibility share. In this way, it can not only improve the efficiency of the proceedings and avoid unnecessary litigations, but also make all the participants in the proceedings retreat from the litigations as soon as possible, so as to avoid the conflicting decisions. |
